North Dakota Power of Attorney Forms
The North Dakota Power of Attorney Forms are legal documents that can be used by anyone in the state (over the age of eighteen) to manage who can represent them over certain life affairs. Upon its valid execution, the party who enacts the POA (referred to as the principal) will retain the right to act on their own behalf, while simultaneously giving another party of their choosing (the agent) the right to handle assigned decisions or tasks on their behalf. Unless a durable type POA is chosen, the documents are temporary in nature – meaning they will expire upon the agent completing their tasks, after the agent revokes the POA manually, or another qualifying event. North Dakota is one of the few states that do not have explicit signing instructions; however, to remain on the safe side, the principal should have their signature notarized.
Durable Power of Attorney – A POA that is not affected by the state of the principal’s health. That is, the agent will retain their power after the principal cannot make decisions on their own.
General (Financial) Power of Attorney – Used for assigning the same powers as the durable (financial) form, except it will be revoked should the principal lose the ability to make decisions (medically incapacitated).
Limited (Special) Power of Attorney – A document that restricts the scope of the agent’s powers so that they may only be used in the matters and circumstances noted in the contract.
Medical Power of Attorney – Used for nominating a trustworthy friend or family member with the right to communicate with physicians and other medical professionals regarding the care the principal receives.
Minor Child Power of Attorney – A type of limited POA used for nominating an agent with temporary parental powers over their children.
Motor Vehicle Power of Attorney – By completing this form, an individual can appoint an attorney-in-fact to represent them in particular matters pertaining to their motor vehicle.
Real Estate Power of Attorney – For matters relating to a business or residential property.
Laws & Signing Requirements
- North Dakota Power of Attorney Laws
- Signing Requirements
- Health Care Directive / Medical Power of Attorney (§ 23-06.5-05) – Signed by the principal in front of a notary or 2 witnesses (who must also sign the POA).